Port St Lucie, FL asked in Criminal Law for Florida

Q: With the Felony murder rule,useing 3rd burg of unoccp struc,can they find you guilty of 1st pre med murder from a car ac

Related Topics:
1 Lawyer Answer
Robert Edward Heyman
Robert Edward Heyman
  • Criminal Law Lawyer
  • St Petersburg, FL
  • Licensed in Florida

A: You are confusing the two ways in which a person can be convicted of 1st degree murder. Any degree of burglary can support a conviction for felony murder (ie. a killing which which is NOT premeditated). I assume from your question that an accident occurred during the criminal episode in which a vehicle was unlawfully taken. If so, the killing most likely occurred during the commission of an auto theft. If so, the killing would constitute 3rd degree felony murder, since auto theft is not one of the underlying felonies listed under the 1st degree felony murder statute. 3rd degree felony murder is a felony of the 2nd degree, punishable by up to 15 years in prison.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.